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- NATURALIZATION REQUIREMENTS AND GENERAL
INFORMATION
-
- Table of Contents
- Part I
- 1 General Information
- 2 How to Apply for Naturalization
- Filing the Application--Fingerprints
- Citizenship of Applicant's Children
- Examination on the Application
- Oath Ceremony
- 3 General Naturalization Requirements
- Age
- Lawful Admission
- Residence & Physical Presence
- Permission to be Absent
- (a) Employment by American Organizations
- (b) Employment by the U. S. Government
- (c) Service for Religious Organizations
- Character and Loyalty
- Communist Party and Similar Membership
- Deportation
- Literacy and Educational Requirements
- Oath of Allegiance
- 4 Naturalization Requirements for Special Classes
- Wives and Husbands of U.S. Citizens
- Marriage to a Citizen
- Marriage to a Citizen Stationed Abroad
- Overseas Assignment of Citizen Spouses
- Surviving Spouse of US. Citizen Service Member
- Naturalization of Children of Citizen Parents
- Naturalization of Adopted Children of Citizen Parents
- Former U. S. Citizens
- Veterans of Foreign Armed Forces
- American Women Who Married Aliens
- Service Members of the Military or Veterans
- Military Service During Certain Periods
- Ineligible Service Members
- Service for Three Years
- (1) When Three Years' Service Continuous
- (2) When Three Years' Not Continuous.
- (3) Application Made more than Six Months After
- Service Ends
- Mariners
- Employees of Organizations Promoting United States
- Interests Abroad
- Posthumous Citizenship
- 5 Naturalization and Citizenship Paper Lost, Mutilated, or
- Destroyed, or Where Name has been Changed
- 6 Declaration of Intention
- 7 Certificates of Citizenship for Children and Wives of
- Citizens
- 8 Legalizing Stay in the United States
- 9 Offices of the Immigration and Naturalization Service
-
- General Information
- Part I
- This booklet provides information in brief and plain
- language about the principal requirements for
naturalization;
- the special classes of persons who are exempt from some of
- those requirements; and what a person must do to become a
- naturalized citizen of the United States. It also includes
a
- brief discussion on how to obtain a copy of a
naturalization or
- citizenship paper (part 5); how to file a declaration of
- intention (part 6); how to obtain a Certificate of
Citizenship
- (part 7); and how to legalize an alien's residence in the
- United States so that he or she may be able to apply for
- naturalization (part 8).
- The naturalization laws equally apply to both men and
- women and to all races. All persons follow the same
procedures
- and become naturalized citizens of the United States in
the
- same way.
- An alien living in the United States must keep the
- Immigration and Naturalization Service informed of changes
in
- his or her address. A lawful permanent resident is given
an
- Alien Registration Receipt Card. This card has a number on
it
- which should be shown in all applications and when writing
to
- the Immigration and Naturalization Service about a case.
- Anyone who cannot find the answer to a naturalization
- related problem in this pamphlet or who may desire any
- additional information, may obtain it from the nearest
office
- of the Immigration and Naturalization Service. A list of
- offices of the Immigration and Naturalization Service
appears
- in Part 9.
-
- How to Apply for Naturalization
- Part 2
-
- The requirements for naturalization that need fuller
- explanation are discussed in more detail at a later point.
The
- steps to become naturalized, however, are the same for all
- persons and are set out below.
-
- Filing the Application - Fingerprints
-
- The first step is to get an application and, except for
- children under 14 years of age, a fingerprint card from
the
- nearest office of the Immigration and Naturalization
Service or
- from a social service agency in the community. The
application
- to be used is Form N-400, "Application for
Naturalization." For
- an optional procedure to gain citizenship for an adopted
child
- of U.S. citizen parents (or parent, if single), see page
24.
- The application, the fingerprint card, and the Biographic
- Information form if appropriate, which are furnished
without
- charge, must be filled out according to the instructions
and
- filed with the office of the Immigration and
Naturalization
- Service with jurisdiction over the applicant's residence.
Three
- unsigned photographs as described in the application must
be
- submitted. A fee is required and must be submitted with
the
- application. No currency should be sent by mail.
-
- Citizenship of Applicant's Children
-
- If a parent who is applying for naturalization expects to
- be naturalized before any of his or her children reaches
age
- 18, it is likely that such children who are living in the
- United States will automatically become citizens. This
would
- happen if the children's other parent already is a
citizen, or
- is deceased, or if both parents are naturalized at the
same
- time, or if the parents are legally separated and the
parent
- being naturalized has the legal custody of the children,
or if
- the parent being naturalized is the mother of the children
and
- the children were born out of wedlock.
- These children may obtain certificates of citizenship in
- their own names, showing that they became citizens on the
same
- date that the parent was naturalized, by filing Form
N-600,
- "Application for Certificate of Citizenship," in
accordance
- with instructions on the form. The application must be
filed
- after the naturalization of the parent(s). A fee is
required
- and must be submitted with the application. No currency
should
- be sent in the mail. The children involved who are over
age 14
- will appear before the naturalization examiner and must
take
- the same oath of allegiance as is required of persons who
- naturalize.
-
- Examination on the Application
-
- After certain actions on the application have been
- completed by the Immigration and Naturalization Service,
the
- applicant must appear before a naturalization examiner for
- examination on the application. The Immigration and
- Naturalization Service will advise the applicant when and
where
- to appear for the examination. The applicant will be
examined
- on the information submitted on the application for
- naturalization, and on his or her English literacy and
- knowledge of the form of government and history of the
United
- States.
- If the examiner finds that an applicant has not
- demonstrated eligibility for naturalization, the
application
- will be denied and the applicant will be so notified. The
- applicant may request a .hearing on the denied application
by
- filing Form N-336, "Request for Hearing on a Decision
in
- Naturalization Proceedings Under Section 335 of the
Act,"
- according to instructions included on the form, and with
the
- required fee.
-
- Oath Ceremony
-
- After the examination has been completed and the
- application approved, the applicant will be notified to
appear
- at an oath ceremony where the applicant will be sworn in
as a
- citizen of the United States. The applicant may be able to
- choose to be sworn in as a citizen by a Service officer in
a
- Service-conducted ceremony or by a judge of a competent
court
- in a court-conducted ceremony. In the event that the
applicant
- wishes to apply for a change of name, the applicant will
be
- required to appear at a court-conducted oath ceremony.
- Sometimes an applicant for naturalization is prevented by
- sickness or physical disability from appearing before an
- examining officer. When this happens, it may be possible
to
- make other arrangements so that the applicant will not
have to
- travel to a Service office or to appear in court. Further
- information about what should be done by such a person to
- become naturalized can be obtained from the nearest office
of
- the Immigration and Naturalization Service.
- When the applicant appears at the oath ceremony, he or she
- takes an oath of allegiance to the United States. In doing
so,
- he or she gives up allegiance to any foreign country and
- promises to support and defend the Constitution and laws
of the
- United States.
- When a large number of persons become citizens in a
- ceremony, it may not be possible to issue certificates
- immediately showing that they have been granted
citizenship. In
- such instances, the certificates of naturalization are
mailed
- to them later, or other arrangements for subsequent
delivery
- are made.
-
- General Naturalization Requirements
- Part 3
-
- Applicants must be present in the United States, and must
- meet every requirement for naturalization in this Part and
Part
- 2, unless they are persons who fall within special classes
that
- are exempt from some of those requirements. These special
- classes are discussed in Part 4. The basic requirements
for
- naturalization are set out below.
-
- Age
-
- A person must be at least 18 years of age before he or she
- can apply for naturalization.
-
- Lawful Admission
-
- Only an alien who has been lawfully admitted to this
- country for permanent residence can be naturalized. This
means
- that the alien must have been lawfully allowed to live
- permanently in this country as an immigrant. Not all
aliens in
- the United States have been given this privilege. Some,
for
- example, visitors, students, and seamen, have been allowed
to
- come into this country only temporarily and, therefore,
cannot
- lawfully remain here permanently. These persons do not
meet the
- requirements of this paragraph. Neither does an alien who
- succeeded in getting into the United States unlawfully,
such as
- by hiding convictions for serious crimes, or by deserting
a
- ship, or by sneaking into the United States.
- An alien who has been allowed to live here permanently as
- an immigrant loses that privilege, as well as the
privilege of
- becoming naturalized, if he or she leaves the United
States
- with the intention of abandoning residence in this
country.
- Caution: An alien who has been admitted to the United
- States for permanent residence and who established
residence in
- the United States may choose to be treated as a
nonresident
- alien for the purpose of gaining certain benefits under
the
- income tax laws. In order to become a nonresident alien
for
- that purpose, the alien must leave the United States and
in
- doing so must intend to abandon residence in the United
States.
- The intent to abandon may be formed also after the alien
has
- left the United States.
- An alien who chooses to become a nonresident for tax
- purposes may be considered as having also given up and
lost his
- or her status as an immigrant under the immigration and
- naturalization laws. This could mean that the alien may
become
- ineligible for an immigrant visa, or a reentry permit or
other
- document, for which permanent residents are eligible; may
- become inadmissible to the United States if seeking
readmission
- as a returning resident with a reentry permit, an alien
- registration receipt card or a returning resident visa;
and may
- become ineligible for naturalization.
- Aliens should give careful consideration to the possible
- consequences mentioned above, before deciding to claim
- nonresident alien status for tax purposes.
-
- Residence and Physical Presence
-
- After an applicant has been admitted for permanent
- residence, he or she must reside in the United States
- continuously for at least five years just before filing an
- application for naturalization with the Service.
- At least the last three months of that five years'
- residence, immediately before the filing of the
application,
- must also be residence in the State or Service district
where
- the application is being filed.
- The applicant is not obliged to stay in the United States
- during every day of the five-year period. Short visits may
be
- made outside the United States, either before or after
applying
- for naturalization, and may include as part of the
required
- five years' residence the time absent. However, the
applicant
- must be sure that:
- (a) he or she is not absent for a continuous period of one
- year or more and
- (b) he or she is not out of the United States for a total
of
- more than 30 months during the last five years.
- Generally, if the applicant is absent for one year or more
- at any one time during the five-year period just before
filing
- the application, he or she breaks naturalization residence
and
- must complete a new period of residence after returning to
the
- United States. This means that he or she will have to wait
at
- least four years and one day after coming back before he
or she
- can be naturalized. Furthermore, if during the five-year
period
- he or she has been absent for a total of more than 30
months,
- he or she will have to stay in the United States until he
or
- she has been physically present for at least a total of 30
- months out of the last five years just before filing an
- application for naturalization.
-
- Permission to be Absent
-
- Under certain circumstances, persons and their dependents
- who expect to be continuously absent from the United
States for
- a year or more in work within one of the below listed
classes
- may be given permission to be absent without breaking
their
- naturalization residence. To obtain this permission, an
- application must be made on Form N-470, "Application
to
- Preserve Residence for Naturalization Purposes," in
accordance
- with the instruction on the form. The fee must be
submitted
- with the form. No currency should be sent in the mail.
- Persons and dependent members of their households who may
- qualify for this permission fall into three categories as
- discussed below. It should be particularly noted that
there are
- important differences between the classes with regard to
what
- is necessary to be eligible for the permission, when the
- application must be made, and whether the person may be
- considered to be physically present as well as residing in
the
- United States during the absence.
- (a) Employment by American Organizations. Such
organizations
- include:
- (1) American firms or corporations, or their subsidiaries,
- which are developing foreign trade and commerce of the
- United States.
- (2) American institutions of research recognized by the
- Attorney General.
- (3) Certain public international organizations in which
- the United States takes part.
- To be eligible to obtain permission, employees within this
- class must first have been physically present in the
- United States for an uninterrupted period of at least one
- year after their lawful admission for permanent residence.
- If possible, the application for permission should be
- filed before the applicant leaves the United States. It
- must be filed before the applicant has already broken
- residence by being continuously absent from the United
- States for as much as one year. It must be filed even
- though the employee has been issued a reentry permit to
- use to come back to the United States after the absence.
- The reentry permit alone is not enough to protect
- naturalization residence. Unless the application is filed
- and approved by the Immigration and Nationalization
- Service, absence for a year or more will break
- naturalization residence even though the absence may have
- been for employment by one of the above organizations.
- Notwithstanding the fact that the Immigration and
- Naturalization Service may have granted permission for the
- absence and, therefore, the applicant's naturalization
- residence remains unbroken by the absence of a year or
- more, employees within this class cannot include the time
- they are absent as any part of the 30 months' physical
- presence required to qualify for naturalization. Care must
- be taken, therefore, to have been actually physically
- present in the United States for not less than 30 months
- of the five years just before filing applications for
- naturalization. The benefit of this section includes the
- applicant, the spouse and dependent unmarried sons and
- daughters.
- (b) Employment by the United States Government. The
- requirements to obtain permission to be absent and the
- benefits of being granted permission are the same for
- United States Government employees and their dependents as
- for the employees of American organizations above, with
- one exception:
- Government employees are regarded as physically present in
- the United States during the time they are absent with the
- required permission. They may include, therefore, as part
- of the 30 months' physical presence for naturalization
- purposes the time that, with permission, they are absent
- in Government employment.
- Government employees who are to be absent for continuous
- periods less than one year do not have to apply for
- permission to be absent, and may count each continuous
- period of less than one year abroad toward the thirty
- months that they must be physically present in the United
- States.
- (c) Service for Religious Organizations. Persons engaged
- abroad as priests, ministers, missionaries, brothers,
- nuns, or sisters by a religious denomination or
- interdenominational mission organization which has an
- organization in the United States and who are granted
- permission to cover the absence enjoy the same benefits
- that are granted to Government employees, including the
- right to count as physical presence in the United States
- the time they are absent with permission.
- Persons within this class have the additional privilege of
- applying for permission to cover the absence at any. time.
- They may also be granted permission to be absent even
- though they have not yet completed a year of uninterrupted
- physical presence in the United States after their lawful
- admission for permanent residence. If they have not
- completed this year of uninterrupted physical presence,
- however, they must complete at least one year of
- uninterrupted physical presence in the United States
- before they can file their applications for
- naturalization. The benefit of this section is limited to
- the applicant.
-
- Character and Loyalty
-
- An applicant for naturalization must show that, during all
- of the five years just before filing an application for
- naturalization, and up until he or she is sworn in as a
- citizen, he or she has been a person of good moral
character
- who believes in the principles of the Constitution of the
- United States and is favorable to the good order and
happiness
- of the United States.
- The naturalization law states that an applicant for
- naturalization cannot be considered to be of good moral
- character if he or she comes within any of the following
- classes at any time during the five-year period and up
until
- becoming naturalized:
- (a) Habitual drunkards;
- (b) Polygamists, persons connected with prostitution or
- narcotics, criminals;
- (c) Convicted gamblers, persons getting their principal
income
- from gambling;
- (d) Persons who lie under oath to gain a benefit under the
- immigration or naturalization laws;
- (e) Persons convicted and jailed for as much as 180 days.
- A person also can never become a citizen if he or she has
- been convicted of murder or an aggravated felony at any
time.
- The disqualifications listed above are not the only
- reasons for which a person may be found to lack good moral
- character. Other types of behavior may be taken into
- consideration by the Service officer in deciding whether
or not
- an applicant has the good moral character required to
become a
- citizen.
- Aliens who have refused to performed their duties to serve
- in the armed forces of the United States may also be
denied
- citizenship. These include persons who have been convicted
of
- deserting or evading service in the armed forces of the
United
- States during time of war, as well as persons who applied
for
- and were given exemption from service on the ground that
they
- were aliens.
-
- Communist Party and Similar Membership
-
- A person cannot become a citizen who, at any time during a
- period of ten years just before filing an application for
- naturalization, has been a member of or connected with the
- Communist Party or a similar party within or outside the
United
- States; or a member of or connected with any other party
or
- organization that is against all organized government or
for
- world communism, dictatorship in the United States,
- overthrowing the United States Government by force,
injuring or
- killing officers of the United States, or sabotage.
- If the membership or connection with any of these parties
- or organizations during the ten-year period was
involuntary, or
- before 16 years of age, or compelled by law, or to get
- employment, food or the necessities of life, the person
may
- become a citizen if no longer a member of or otherwise
- connected with the party or organization.
-
- Deportation
-
- A person who has broken the immigration laws and as a
- result is under a deportation order cannot be naturalized.
This
- provision may not apply to a person who is applying for
- naturalization based upon his or her military service.
-
- Literacy and Educational Requirements
-
- Unless physically unable to do so, an applicant for
- naturalization must be able to speak and understand simple
- English as well as read and write it. However, if on the
date
- of the examination the applicant is more than 50 years of
age
- and has been a lawful permanent resident for 20 years or
more,
- or the applicant is more than 55 years of age and has been
a
- lawful permanent resident for 15 years or more, the
applicant
- will be exempt from the English language requirement of
the
- law. If exempt, the applicant may take the examination in
any
- language.
- All applicants physically able to write, must also be able
- to sign their names in the English language. However, the
- person mentioned above who is excused from knowing English
is
- permitted to sign in a foreign language if unable to sign
in
- English.
- Every person applying for naturalization, including the
- persons mentioned above, must pass an examination showing
that
- he or she is knowledgeable about the history and form of
- government of the United States. There are no exceptions
to
- this requirement. The examination on these matters and on
- English is given by a naturalization examiner at the time
the
- applicant appears for the examination on the application
for
- naturalization. The questions the examiner asks are in
simple
- English and to be able to answer them requires knowledge
only
- of subjects that anyone who has really tried to learn will
be
- familiar with.
- The Service recognizes certain standardized English
- Language/Citizenship tests from private test givers that
an
- applicant may take at approved testing sites. The
applicant may
- take the test several times until achieving a passing
grade.
- The Service is not advised of the identities of those
persons
- who do not pass the test, and failure of this test does
not
- have any effect in the applicant's ability to retake this
- alternative test or be tested by a Service officer. The
- successful results are transmitted to the Service.
However, an
- applicant must submit a copy of his/her test results with
the
- application. The test would be taken in place of the test
given
- by a Service officer.
- The applicant would still be examined by a Service officer
- on the contents of the application and the ability to
speak
- English.
- In many places the public schools, as well as other
- community groups, have citizenship classes to prepare
persons
- to become citizens. Certain educational institutions also
offer
- courses by mail for persons who want to study under their
- supervision at home instead of in school. The nearest
- Immigration and Naturalization Service office can furnish
- information about the correspondence courses. The Federal
- Government also publishes textbooks to aid applicants for
- naturalization in studying to become citizens. It is upon
the
- information in these books that the examination on history
and
- government is given. Applicants who attend citizenship
classes
- in public schools or who are studying by mail receive
these
- books from the schools without charge. The books can also
be
- bought directly from the Superintendent of Documents,
- Government Printing Office, Washington, DC 20402, and can
be
- used to study privately at home instead of under the
- supervision of a school.
- Form M-132, "Information Concerning Citizenship
Education
- to Meet Naturalization Requirements," contains more
- information about the Federal Textbooks on Citizenship and
- courses that can be taken by mail. This form can be
obtained
- without charge from the nearest office of the Immigration
and
- Naturalization Service.
-
- Oath of Allegiance
-
- Before being admitted to citizenship (unless a child is
- too young to understand), an applicant for naturalization
must
- give up any foreign allegiance and any foreign title and
must
- promise to obey the Constitution and laws of the United
States.
- Unless it is against his or her religious beliefs, the
- applicant must also promise to bear arms or fight for the
- United States, to perform other types of service in the
armed
- forces of the United States, and to do work of importance
to
- the national interest when asked to do so.
- If it is against the religious beliefs of a person to
- fight for the United States or to perform other types of
- service in the armed forces of the United States, that
person
- can be excused from promising to do these things and may
become
- naturalized without making such a promise. However, the
person
- cannot be excused from promising to do work as a civilian
which
- is important to the nation.
-
- Naturalization Requirements for Special Classes
- Part 4
-
- This part discusses special classes of persons who may
- become naturalized even though they cannot meet all of the
- requirements mentioned in Parts 2 and 3 of this pamphlet.
This
- part will list under each class the particular exemptions
for
- that class. Unless so listed, an applicant who comes
within a
- special class generally must still meet the requirements
and
- follow the procedures mentioned in Parts 2 and 3.
-
- Wives and Husbands of United States Citizens
-
- A person who is married to a citizen of the United States
- may become naturalized in the same way as any other alien
or
- may take advantage of special naturalization exemptions
that
- are granted to the spouse of a citizen of the United
States.
- These exemptions fall into two classes, the first is
granted
- simply because of the relationship to a citizen and the
second
- is granted because of the relationship to a citizen who is
- stationed abroad. Both of these classes are discussed
below.
-
- Marriage to a Citizen
-
- An applicant:
- (1) whose spouse has been a citizen of the United States
for
- at least three years; and
- (2) who has been married to and living with the citizen
spouse
- for at least the three-year period just before the date of
- filing an application for naturalization may become a
- citizen of the United States upon meeting all of the
- requirements for naturalization in Parts 2 and 3 except:
- Instead of five years' residence and 30 months' physical
- presence, the applicant must reside in the United States
- for only three years after being lawfully admitted for
- permanent residence and just before filing the
- application. For at least one-half of that three-year
- period, or 18 months, the applicant must have been present
- in person in the United States.
-
- Marriage to a Citizen Stationed Abroad
-
- An applicant:
- (1) whose spouse is a citizen of the United States working
or
- serving in a foreign country for one of the reasons below;
- (2) who, upon becoming naturalized, will live abroad with
the
- citizen spouse; and
- (3) who will again reside in the United States as soon as
the
- foreign work or service of the citizen spouse ends may
- become a citizen of the United States if all the
- requirements for naturalization in Parts 2 and 3 are met
- except:
- (a) the application does not have to be filed in the place
- where the applicant lives, but may be filed in any Service
- office; and
- (b) the applicant may be naturalized without having
- resided in the United States or any State, and without
- having been physically present in the United States, for
- any particular length of time after being lawfully
- admitted for permanent residence.
- Generally, if the applicant is absent for one year or more
- at any one time during the three-year period just
before-filing
- the application, he or she breaks naturalization residence
and
- must complete a new period of residence after returning to
the
- United States. This means that he or she will have to wait
at
- least 2 years and 1 day after coming back before he or she
can
- be naturalized. Furthermore. if during the three-year
period he
- or she has been absent for a total of more than 18 months,
he
- or she will have to stay in the United States until he or
she
- has been physically present for at least a total of 18
months
- out of the last three years just before filing an
application
- for naturalization.
-
- Overseas assignment of Citizen Spouse
-
- For the applicant to qualify for the exceptions mentioned
- previously, the citizen spouse must be working or serving
in
- the foreign country:
- (1) in the employment of the United States Government
- (including service in the armed forces of the United
- States);
- (2) in the employment of an American institution of
research
- recognized by the Attorney General;
- (3) in the employment of an American firm or corporation,
or
- its subsidiary, which is developing the foreign trade of
- the United States;
- (4) in the employment of certain public international
- organizations in which the United States takes part;
- (5) under authority to perform the functions of a minister
or
- priest of a religious denomination having an organization
- within the United States; or
- (6) under an engagement solely as a missionary by a
religious
- denomination or by an interdenominational mission
- organization having an organization within the United
- States.
- The applicant must include with the application a written
- statement indicating that the citizen spouse's employment
meets
- these qualifications, that the applicant intends to reside
- abroad with the citizen spouse, and that the applicant
intends
- to take up residence within the United States immediately
upon
- the termination of such employment abroad of the citizen
- spouse.
-
- Surviving Spouse of United States Citizen Service Member
-
- Any person whose citizen spouse dies during a period of
- honorable and active service in the armed forces of the
United
- States, and who was living in marital union with the
citizen
- spouse at the time of the service member's death, may
become a
- citizen of the United States if all the requirements in
Parts 2
- and 3 are met except:
- (a) the application does not have to be filed in the place
- where the applicant lives, but may be filed in any Service
- office; and
- (b) the applicant may be naturalized without having been
- physically present in the United States for any particular
- length of time after being lawfully admitted for permanent
- residence.
-
- Naturalization of Children of Citizen Parents
-
- The fact that one or both parents may have been citizens
- of the United States at the time of a child's birth in a
- foreign country, or may have become naturalized citizens
of the
- United States after the child's birth is not enough in
itself
- to give United States Citizenship automatically to the
child.
- Additional conditions which must be satisfied by the
parents
- and child affect the question of whether the child becomes
a
- citizen. For more information on who is a citizen
- automatically, please refer to Part 7, Certificates of
- Citizenship for children and wives of citizens. A child
who is
- under 18 years of age and a lawful permanent resident, who
is
- not a citizen automatically through the parents, may
- nevertheless become a citizen if an application for
- naturalization is filed by the citizen parent on behalf of
the
- child under certain conditions.
- (1) The citizen parent must file an "Application for
- Naturalization," Form N-400, with the required fee.
- (2) The child is required to submit a fingerprint chart,
Form
- FD-258, if 14 years of age or older.
- (3) The child's naturalization -- admission to citizenship
- -- must be completed before the child's 18th birthday.
- The child and a parent (not necessarily the parent who
- filed the application on behalf of the child) would be
required
- to appear at an oath ceremony to be administered the oath
of
- allegiance, unless the child is of tender years, in which
case
- the administration of the oath may be waived.
- The child does not have to:
- (1) speak, read, or write English;
- (2) know about the history and form of government of the
- United States; or
- (3) have lived or been physically present in the United
States
- or in a State for any particular length of time after
- admission for permanent residence.
-
- Naturalization of Adopted Children of Citizen Parents
-
- A child who is adopted by a citizen parent or parents does
- not automatically become a United States citizen.
- A child adopted either in the United States or abroad by
- two citizen parents (or only one parent if the parent is
- unmarried) and admitted to the United States as a lawful
- permanent resident before reaching the age of 18 years may
- naturalize if the child:
- (1) is under 18 years of age;
- (2) was adopted before reaching the age of 16 by the
citizen
- parent(s);
- (3) is residing in the United States in the custody of the
- adopting citizen parent(s), pursuant to a lawful admission
- for permanent residence;
- (4) at least one of the citizen parents files Form N-643,
- "Application for Certificate of Citizenship in Behalf
of
- an Adopted Child," before the child reaches the age
of 18,
- with the Immigration and Naturalization Service; and
- (5) the parents are be citizens at the time of filing the
- application.
- The child is not a citizen until the N-643 is approved.
- The child may also be naturalized under the procures
- outlined in the section entitled Naturalization of
Children.
- This would be the only procedure available if the parents
wish
- to change the child name as a part of the naturalization
or if
- the adoptive parents are married and only one is a United
- States citizen.
-
- Former United States Citizens
-
- The only former citizens of the United States who are
- granted any exceptions from the requirements for
naturalization
- in Pads 2 and 3 are persons who lost their United States
- citizenship during World War II as a result of service in
the
- armed forces of certain foreign countries and women who
lost
- their United States citizenship as a result of marriage to
- aliens. Both of these classes are discussed below:
-
- Veterans of Foreign Armed Forces
-
- Any person who:
- (1) lost United States citizenship between September 1,
1939
- and September 2, 1945;
- (2) as a result of service between September 1, 1939 and
- September 2, 1945 in the armed forces of a foreign
- country; and
- (3) fought against a country with which the United States
was
- at war after December 7, 1941 and before September 2,
- 1945, may become a citizen of the United States if he or
- she meets all of the requirements for naturalization in
- Parts 2 and 3 except:
- (a) the application for naturalization does not have to be
- filed in the place where he or she lives, but it can be
- filed in any Service office; and
- (b) he or she can be naturalized without having resided
- and without" having been physically present in the
United
- States or any State for any particular length of time
- after admission for permanent residence.
-
- American Women Who Married Aliens
-
- As a general rule, a woman automatically lost her United
- States citizenship if, before September 22, 1922, she
married
- an alien, or her husband was naturalized in a foreign
country,
- or if, between that date and March 3, 1931, she married an
- alien who was not of the white race or African race. In
each of
- these instances, she lost her citizenship if she entered
into
- the marriage with the intention of relinquishing her
United
- States citizenship.
- If citizenship was lost by such marriage, there are
- simplified ways in which United States citizenship and the
- rights of citizenship may be regained. However, not all
cases
- follow the same procedure. For example, some women who
were
- native-born citizens and whose marriages either ended
before
- January 13, 1941, or who remained in the United States
after
- the marriages, have been automatically given back their
United
- States citizenship, but they must take an oath of
allegiance to
- the United States before they can do what only a citizen
can
- do, such as vote. Others must file an application for
- naturalization in order to get back their United States
- citizenship, but they are exempt from some of the
requirements
- in Parts 2 and 3, such as from any particular period of
- residence and physical presence in the United States.
- Any woman who was the wife of an alien at any time during
- the periods stated above and who wants advice about her
- citizenship may get it at the nearest office of the
Immigration
- and Naturalization Service or, if she is abroad, at the
nearest
- American Consulate.
-
- Service Members of the Military or Veterans
-
- An alien who has served or is serving in .the armed forces
- of the United States does not automatically become a
citizen of
- the United States. Like other aliens, such alien must
apply for
- naturalization and be admitted to citizenship. However,
- depending upon such matters as the period during which he
or
- she served, the length of service, and other factors which
will
- be mentioned below- he or she may be exempt from some of
the
- requirements other aliens must meet.
-
- Military Service During Certain Periods
-
- A person who has served honorably and actively in the
- armed forces of the United States, no matter how briefly,
- during any part of the periods:
- (a) April 6, 1917 to November 11, 1918;
- (b) September 1, 1939 to December 31, 1946;
- (c) June 25, 1950 to July 1, 1955;
- (d) February 28, 1961, to October 15, 1978; or
- (e) October 25, 1983 to November 2, 1983 (for qualifying
- active duty in the geographic area of Grenada campaign),
- and who is not within any of the below listed ineligible
- classes is exempt from the following requirements.
- (1) No lawful admission for permanent residence is
required if
- he or she was inducted, enlisted or reenlisted at any time
- in the United States, the Panama Canal Zone, American
- Samoa, or Swains Island. If he or she did not at any time
- enter into such armed forces in one of the places
- mentioned he or she must have been lawfully admitted for
- permanent residence before he or she can be naturalized.
- (2) He or she need not have resided or been physically
present
- in the United States or any State for any particular
- length of time.
- (3) He or she does not have to file the application in the
- place where he or she lives, but can file it in any
- Service office.
- (4) He or she may be naturalized regardless of the fact
that
- the person has been ordered deported from the United
- States.
-
- Ineligible Service Members
-
- The following persons do not qualify for the special
- naturalization exemptions discussed immediately above:
- (1) veterans who were discharged at their request because
of
- alienage;
- (2) conscientious objectors who performed no military duty
- whatever or refused to wear the uniform; or
- (3) veterans who were once naturalized on the basis of the
- same period of military service and have since lost their
- citizenship.
- The fact that a person is ineligible for naturalization as
- such a veteran does not mean that he or she may not be
- naturalized under the general naturalization laws
applicable to
- other classes of aliens. He or she may still qualify for
- naturalization if able to meet the naturalization
requirements
- applicable to other aliens.
-
- Service for Three Years
-
- Veterans who have been lawfully admitted to the United
- States for permanent residence and who have served
honorably at
- any time for as much as three years, and who have received
an
- honorable discharge, are entitled to certain exemptions
from
- the requirements stated in Parts 2 and 3 if they come
within
- one of the following classes:
- (1) When Three Years' Service Continuous. A person who has
- served honorably at any time in the armed forces of the
- United States for a continuous period of three years and
- who applies for naturalization while still in the service
- or not later than six months after discharge from service
- may be naturalized:
- (a) without having resided and without having been
- physically present in the United States for any
- particular length of time;
- (b) without filing the application for naturalization in
- the place of residence, it may be filed in any Service
- office; and
- (c) regardless of the fact that the person has been
- ordered deported from the United States.
- (2) When Three Years' Service Not Continuous. A person who
has
- served honorably at any time for three years but whose
- service is made up of short periods of service, instead of
- one continuous period, and who applies for naturalization
- while still in the service or not later than six months
- after discharge from service is entitled to the exemptions
- stated in (b) and (c) immediately above. However, for any
- part of the five years just before he or she files the
- application for naturalization and which is between the
- periods of service, he or she will have to prove residence
- and the other qualifications for naturalization.
- (3) Application Made More Than Six Months After Service
Ends.
- A person who has the three years of honorable service but
- who fails to apply for naturalization until more than six
- months after such service has ended is not qualified for
- the exemptions stated in (1) above and must comply with
- all the requirements in Parts 2 and 3 except that:
- (a) all service within five years of the date when filing
- the application is considered residence and physical
- presence in the United States; and
- (b) the fact that the person has been ordered deported
- from the United States does not in itself bar him or her
- from becoming a citizen.
- If a service member for any reason is unable to qualify
- for the exemptions given to these veterans he or she may
- nevertheless be naturalized under the naturalization laws
- applicable to other classes of aliens if those
requirements are
- met.
- Note to persons with three years of service who must apply
- for naturalization within six months after discharge: the
- application must be filed with the Service office within
the
- six month period.
-
- Mariners
-
- A merchant mariner whose employment aboard a vessel
- requires absence from the United States is exempt in part
from
- the general residence and physical presence requirements
for
- naturalization. He or she has the right to count the time
of
- service as a merchant mariner outside the United States if
such
- service was not as a member of the armed forces of the
United
- States and it meets the-below listed conditions.
- (1) It was performed on board a vessel:
- (a) operated by the United States or one of its agencies
- and owned by the United States;
- (b) with its home port in the United States and registered
- under the laws of the United States; or
- (c) with its home port in the United States and owned by a
- citizen of the United States or a corporation organized
- under the laws of a State.
- (2) It was performed:
- (a) honorably or with good conduct;
- (b) after lawful admission to the United Sites for
- permanent residence; and
- (c) within five years of the date of filing the
- application for naturalization.
-
- Employees of Organizations Promoting United States
Interests
- Abroad
-
- A person who has been lawfully admitted to this country
- for permanent residence and who thereafter is employed
abroad
- by a United States incorporated nonprofit organization
which is
- principally engaged in conducting abroad through
communications
- media the dissemination of information which significantly
- promotes United States interests abroad and which is
recognized
- as such by the Attorney General, may take advantage of
special
- naturalization exemptions. Examples of such an
organization are
- Radio Free Europe, Inc., Radio Liberty Committee, and
Radio
- Marti.
- Such a person is not required to reside or to be
- physically present in the United States (see pages 7, 8,
9, and
- 10) for any particular period of time before becoming a
- citizen, if the following conditions are met
- (1) he or she has been employed by the organization
- continuously for at least five years after becoming a
- permanent resident;
- (2) the application is filed with the Service office while
the
- applicant is still employed, or within six months after
- leaving such employment; and
- (3) upon becoming a citizen, the employee must intend to
take
- up residence in this country as soon as the foreign
- employment ends. If the applicant is no longer employed by
- the organization at the time of filing the application,
- then he or she must intend to continue living in the
- United States upon becoming a citizen.
-
- Posthumous Citizenship
-
- Posthumous citizenship may be granted to an alien or
- noncitizen national of the United States who died as a
result
- of injury or disease incurred in, or aggravated by
service, in
- the United States Armed Forces during a specified period
of
- military hostilities.
- This is an honorific action which does not confer any
- benefits nor make applicable any provision of the
Immigration
- and Nationality Act to the surviving spouse, parent, son,
- daughter, or other relative of the decedent.
- The decedent's nearest relative, or a properly appointed
- representative, may request this benefit on Form N-644,
- "Application for Posthumous Citizenship," with
the required
- fee.
-
- Naturalization and Citizenship Paper Lost, Mutilated or
- Destroyed, or Where Name has been Changed
- Part 5
-
- A person whose "Declaration of Intention" or
whose
- certificate of naturalization/citizenship has been lost,
- mutilated or destroyed, or naturalized person whose name
has
- been changed by a court or by marriage after
naturalization,
- may apply for a new declaration or certificate. The
- application, Form N-565 "Application for a New
Naturalization
- or Citizenship Document," can be obtained without
charge from
- the nearest office of the Immigration and Naturalization
- Service. It should be filled out, following the
instructions
- and then taken or mailed to that office with the required
- photographs and fee. No currency should be sent in the
mail.
- That office will then take the action necessary with
regard to
- issuing the new document and will inform the applicant
further.
-
- Declaration of Intention
- Part 6
-
- Before the present naturalization law came into effect on
- December 24, 1952, persons generally were required to file
a
- declaration of intention to become a citizen of the United
- States -- which was known as the "first paper"
-- and then had
- to wait for not less than two years before they could take
the
- next step toward becoming a citizen of the United States,
that
- is, before they could file a petition for naturalization.
Since
- 1952 a declaration of intention is no longer required
before a
- person can become a citizen, and an application for
- naturalization may be filed as soon as the required
residence
- and other qualifications for citizenship have been met.
- The law still permits the "Declaration of
Intention," to
- be filed, if one is needed for such reasons as getting
certain
- employment or license of some kind. The only requirements
are
- that the person be at least 18 years old and lawfully
admitted
- to the United States for permanent residence. The
declaration
- may be filed at any time after admission for permanent
- residence and in any Service office.
- The person is not required to be able to read, write, and
- speak English or to pass any examination on the history
and
- form of government of the United States, and he or she may
sign
- the declaration in amy language or by mark.
- The application is Form N-300, "Application to File
- Declaration of Intention." This form may be obtained
from the
- nearest office of the Immigration and Naturalization
Service
- or, possibly, from a social service agency in the
community. It
- is filed with the nearest office of the Immigration and
- Naturalization Service. Form N-300 requires three
photographs
- and payment of a fee as described in the application.
-
- Certificates of Citizenship for Children and Wives of
Citizens
- Part 7
-
- Many persons, though not born in the United States or ever
- naturalized as United States citizens, may be citizens as
a
- result of their-relationship to a United States citizen.
The
- conditions under which a person may have become a citizen
have
- varied from time to time and, therefore, differ so much
from
- case to case that they cannot all be presented in detail
within
- this pamphlet. However, we will attempt to identify the
general
- rules of acquiring citizenship through a parent or spouse.
- A child born in a foreign country of one or two United
- States citizen parents may acquire United States
citizenship
- automatically at birth if certain conditions are
fulfilled:
- (1) both parents are United States citizens at the time of
the
- child's birth and one of the parents has resided for any
- length of time in the United States or its outlying
- possessions before the child's birth;
- (2) one parent is a United States citizen and the other is
- an alien and the citizen parent was physically present in
- the United States or its outlying possessions for a period
- or periods totaling 5 years before the child's birth, and
- at least two of those five years were after the citizen
- parent was 14 years old. If a child was born before
- November 14, 1986, these physical presence requirements
- for the parent are different, generally, at least ten
- years of physical presence is required; and
- (3) time served abroad in the following capacities can be
- counted by the citizen parent in order to satisfy the
- requirement of prior physical presence in the United
- States:
- (a) honorable service in the United States armed forces;
- (b) employment by the United States government;
- (c) employment by an international organization associated
- with the United States; and
- (d) physical presence abroad as a dependent unmarried son
- or daughter and member of the household of a person
- employed abroad in one of the above categories.
- It must be noted that the laws in effect at the time of
- birth of the child will determine whether acquisition will
- occur. In addition, different rules may apply if a child
was
- born illegitimate.
- As discussed in part 2, a child born in a foreign country
- of alien parents, or adopted by alien parents, may have
become
- a United States citizen automatically after birth, without
- having himself or herself applied for naturalization, if
one or
- both of his or her parents became naturalized before the
child
- reaches a certain age It must be noted that the law in
effect
- at the time of the parent's naturalization will determine
if
- the child becomes a citizen.
- Currently, a child who is a lawful permanent resident,
- under 18 years of age and unmarried may automatically
derive
- citizenship of the United States through the parents under
- certain conditions:
- (1) a child whose parents are lawful permanent residents
- becomes a United States citizen-on the date that the last
- parent is naturalized before the child's 18th birthday;
- (2) a child who has one of the natural parents already a
- citizen, and the other natural parent becomes naturalized
- before the child's 18th birthday;
- (3) a child whose surviving parent, or the parent
- exercising legal custody where the parents are legally
- separated or divorced, is naturalized before the child's
- 18th birthday, regardless whether the other parent was or
- is an alien; or
- (4) an illegitimate child whose mother naturalizes before
the
- child's 18th birthday and paternity has not been
- established.
- If only one of the child's parents naturalizes and the
- other remains a permanent resident, the child does not
derive
- citizenship. Instead, the citizen parent may file a
separate
- Application for Naturalization (N-400) on behalf of the
child
- if the citizen parent wants the child to become a citizen
- before the second parent naturalizes.
- An adopted child, however, does NOT become a citizen of
- the United States automatically, through adoption by
citizen
- parents. See the information in Part 4 regarding the
- naturalization of adopted children.
- Also, women who married citizens of the United States
- before September 22, 1922, or whose husbands became
citizens
- during the marriage and before September 22, 1922, may
have
- automatically become citizens of the United States as a
result
- of their marriages. Consequently, persons who need
additional
- information along these lines should communicate with any
- office of the Immigration and Naturalization Service.
- Persons who have become citizens automatically may be
- issued certificates of citizenship by the Immigration and
- Naturalization Service in their own names, showing that
they
- are citizens through their husbands or parents. A person
who
- desires to obtain such a certificate (including a parent
or
- guardian of a child too young to act for himself or
herself)
- may submit an application on Form N-600, "Application
for
- Certificate of Citizenship," to the nearest office of
the
- Immigration and Naturalization Service. The filing of the
- application is an entirely voluntary matter, however, and
the
- failure to submit it does not in any way affect a person's
- citizenship.
- The applicant should be prepared to submit in connection
- with the application evidence of birth, marriage, death,
- divorce, and other essential matters in the form of
- certificates or documents which will prove the claim to
- citizenship through marriage or through parents. Detailed
- instructions regarding the nature of the proof needed in
each
- case are included in the application form.
-
- Legalizing Stay In the United States
- Part 8
-
- In the cases of some foreign-born persons who are in the
- United States, them are no records showing admission for
- permanent residence, or at least no records can be found.
These
- persons may have been brought here during childhood and
may
- never have known just when or how they came; or they may
have
- come here as visitors or other temporary nonimmigrant
class and
- decided to stay; or they may have entered unlawfully.
- Since no records of lawful admission for permanent
- residence can be identified, they cannot become citizens
of the
- United States until such records have been made. An alien
- eligible for citizenship and not within a class barred
from the
- United States under the immigration laws, such as
criminals and
- other immoral persons, subversives, smugglers, and persons
- unlawfully connected with narcotics who have resided in
the
- United States since before January 1, 1972, can have a
record
- of lawful admission to the United States for permanent
- residence created if they are persons of good moral
character.
- The application is Form I-485, "Application for
Permanent
- Residence." This form, together with information
about the
- procedure to be followed, may be obtained from the nearest
- Immigration and Naturalization Service office. The
required
- fee, photographs and supporting documents must be filed
with
- the nearest Immigration and Naturalization Service office.
- If an applicant can prove that he or she has been in the
- United States since before July 1, 1924, the record of
- admission will be made as of the date of actual entry into
the
- United States and he or she will be able to apply for
- naturalization without completing any more residence in
the
- United States. If an applicant did not come to the United
- States until on or after July 1, 1924 but before January
1,
- 1972, the record of admission will be made as of the date
the
- application is approved, and he or she will then have to
- complete whatever additional residence and physical
presence in
- the United States are required for naturalization.
- Persons who claim to have entered the United States on or
- after January 1, 1972, should ask for information and
advice
- from the nearest office of the Immigration and
Naturalization
- Service or a social service agency.
-
- Offices of the Immigration and Naturalization Service
- Part 9
-
- The following is a list of offices of the Immigration and
- Naturalization Service from which information concerning
matter
- referred to in this pamphlet may be obtained. (* Indicates
- District Offices):
- Agana, Guam 96910 Charlotte, NC 28217
- 801 Pacific News Bldg., 6 Woodlawn Green,
- 238 O'Hara St. Room 138
- Albany, NY 12207 *Chicago, IL 60604
- James T. Foley Federal 10 West Jackson Blvd
- Courthouse, Room 220
- 445 Broadway
- Albuquerque, NM 87103 Cincinnati, OH 45202
- 517 Gold Ave. S.W., 550 Main Street,
- Room 1010, P.O. Box 567 Room 8525
- *Anchorage, AK 99501 *Cleveland, OH 44199
- 7581 Anthony Celebreeze
- 620 East 10th Ave., Federal Building
- Suite 102 1240 E. 9th Street,
- Room 1917
- Atlanta, GA 30303 *Dallas, TX 75247
- 77 Forsyth Street, S.W. 8101 N. Stemmons
- Room G-85 Freeway
- *Baltimore, MD 21201 *Denver,CO 80239-2804
- Equitable Tower 4730 Paris Street
- 100 South Charles, Albrook Center
- 12th Floor
- *Boston, MA 02203 *Detroit, MI 48207-4381
- JFK Federal Building 333 Mt. Elliott St.
- Government Center
- *Buffalo, NY 14202 *El Paso,TX 79901
- 68 Court Street 700 E. San Antonio St.
- P.O. Box 9398-79984
- Fresno, CA 93721-2816 *Los Angeles, CA
- 865 Fulton Mall 90012
- 300 N. Los Angeles
- Street
- *Harlingen, TX 78550 Louisville, KY 40202
- 2102 Teege Road Room 604, Gene
- Snyder Courthouse
- 601 West Broadway
- Hartford, CT 06103-3060 Memphis, TN 38103-
- Ribicoff Federal Bldg 3815
- 450 Main Street 245 Wagner Place
- Suite 250
- *Helena, MT 59626 *Miami, FL 33138
- Federal Bldg., Rm 512 7880 Biscayne Blvd.
- 301 South Park, Drawer
- 10036
- *Honolulu, HI 96813 Milwaukee, WI 53202
- 595 Ala Moana Blvd. Federal Building,
- Room 186
- 517 E. Wisconsin Av.
- *Houston, TX 77060
- 509 North Belt
- Indianapolis,IN 46204 *Newark, NJ 07102
- Gateway Plaza, Room 400 Federal Bldg.,
- 950 North Meridian St. 970 Broad Street
- Jacksonville, FL 32202 *New Orleans, LA
- 400 West Bay Street 70113
- Room G-18 Postal Service Bldg.
- P.O. Box 35029 701 Loyola Avenue
- Room T-8005
- *Kansas City, MO 64153
- 9747 North Conant Ave. *New York, NY 10278
- 26 Federal Plaza
- Las Vegas, NV 89101
- 300 Las Vegas Blvd.
- Room 1430
- Norfolk, VA 23510 Sacramento, CA 95814
- Norfolk Fed. Bldg. 711 "J" Street
- 200 Granby Mall
- Room 439
- Oklahoma City, OK Salt Lake City, UT
- 73108 84101
- 149 Highline Blvd. 230 W. 400 South St
- Suite 300
- *San Antonio, TX
- *Omaha, NE 68144 78239
- 3736 South 8940 Fourwinds Drive
- 132nd St.
- * San Diego, CA
- *Philadelphia, PA 92188
- 19130 880 Frnot Street
- 1600 Callowhill St
-
- *Phoenix, AZ 85004 * San Francisco, CA
- 2035 N. Central Ave. 94111-2280
- 630 Sansome Street
- Pittsburgh, PA 15222
- RM 2130 Federal Bldg. San Jose, CA 95113
- 1000 Liberty Avenue 280 South First St.
- Room 1150
- * Portland, ME 04103
- 739 Warren Avenue *San Juan, PR 00936
- P.O. Box 365068
- * Portland, OR 97209
- Federal Office Bldg. *Seattle, WA 98134
- 511 N.W. Broadway 815 Airport Way, S.
- Providence, RI 02903 Spokane, WA 99201
- 203 John O. Pastors 691 U.S. Courthouse
- Federal Building Building
- Reno, NV 89502 St. Albans, VT 05478
- 712 Mill Street Federal Building
- P.O. Box 328
- St. Louis, MO 63103-2815
- Robert A. Young
- Federal. Building
- 1222 Spruce Street
- *St. Paul
- Bloomington, MN 55425
- 2901 Metro Drive
- Suite 100
- Tampa, FL 33609
- 5509 W. Gray Street
- Suite 113
- *Washington, DC
- Arlington, VA 22203
- 4420 N. Fairfax Dr.
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